Working hours and religious observance

Under the Sunday Trading Act 1994, a narrow group of shopworkers have the status of “protected shopworkers” and do not have to work on Sundays (see Chapter 4: Working Hours). For the rest of the workforce, Sunday working is a matter for the employment contract. On rare occasions, a claim might be based on indirect religious discrimination.

This was tested in 2014 in Mba v the Mayor and Burgesses of the London Borough of Merton [2013] EWCA Civ 1562. In this case, a Christian care worker failed in her claim for indirect religious discrimination when she was required to work on Sundays. Her employer was entitled to demand Sunday working under the contract of employment. The Court of Appeal said her employer’s actions were a proportionate means of achieving a legitimate aim. The care home where she worked looked after children with complex needs, meaning that continuity of care was important. Male and female experienced staff needed to be constantly on duty and always giving Mba Sundays off compromised the ability of other staff to take leave when they wanted to, and increased costs through greater use of agency staff.

In Cherfi v G4S Security Services Limited [2011] UKEAT 0379/11/2405, a G4S security guard failed in his claim for indirect religious discrimination when G4S refused to let him leave work at lunchtime for Friday prayers at the local mosque. The EAT said G4S’s refusal was a proportionate means of achieving a legitimate aim. G4S provided an on-site prayer room and had offered to vary Mr Cherfi’s working hours so that he did not work on Fridays.